STATEMENT OF POLICIES AND PROCEDURES
Introduction
1.1 EVO Global Policies and Procedures and Compensation Plan Incorporated into the IBO Agreement. The term “Agreement” or “IBO Agreement” collectively refers to the online application, electronic signature process, the Terms and Conditions of the IBO Agreement, these Policies and Procedures, the IBO Social Media Policy, the Compensation Plan, and any other guideline that may be implemented from time to time and any modifications thereto. 1.2 Statement of Mutual Commitment Evo Movement International S.A. de C.V. (hereinafter referred to as “EVO Global”) recognizes the importance of maintaining a long-term and mutually beneficial relationship with its Independent Business Owners (“IBOs”). EVO Global expects its IBOs to conduct themselves in a professional, honest, and considerate manner, comply with all applicable laws and regulations, present information about EVO Global and its services accurately, and support and protect the integrity of EVO Global’s income opportunity. 1.3 Code of Ethics (a) The EVO Global Code of Ethics establishes the following: (i) An IBO must show fairness, tolerance, and respect to all individuals associated with EVO Global, regardless of race, gender, social class, or religion, thus fostering a positive environment of teamwork, good spirit, and community; (ii) An IBO must strive to resolve business problems, including situations and disputes with other IBOs, emphasizing tact, sensitivity, and goodwill, taking care not to create additional problems; (iii) IBOs must be honest, responsible, professional, and conduct themselves with integrity; (iv) IBOs must not make disparaging statements about EVO Global, other IBOs, officers, employees, contractors, suppliers, or agents of EVO Global, services, strategies, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead, or coerce others; (v) IBOs must not represent EVO Global’s services in any way other than as an educational and informational platform and service, and under no circumstances should an IBO represent that EVO Global, any IBO, or EVO Global educator provides investment or trading advice or is affiliated with a broker or investment advisor; (vi) IBOs must not recommend brokers or investment advisors to EVO Global Customers or other IBOs. (b) EVO Global may take appropriate action against an IBO if EVO Global determines, in its sole and absolute discretion, that the conduct of an IBO is detrimental, disruptive, or harmful to EVO Global or to other IBOs. (c) Negative and disparaging comments about EVO Global, its services, strategies, the Agreement or Compensation Plan, made to EVO Global, to the field, or at any EVO Global meeting and/or event, or disruptive behavior at any meeting and/or event, serve no purpose other than to dampen the enthusiasm of other IBOs and Customers. IBOs must not belittle, denigrate, or speak negatively about EVO Global, fellow IBOs, EVO Global’s services or strategies, the Compensation Plan, or any director, officer, employee, contractor, supplier, or agent of EVO Global. Such conduct constitutes a material breach of the Agreement and may be subject to sanctions as EVO Global deems appropriate. 1.4 Purpose of the Policies and Procedures (a) EVO Global is a subscription-based, direct-to-consumer education and training company that markets its services and strategies through a network of IBOs. To clearly define the relationship between IBOs and EVO Global, and to explicitly establish a standard for acceptable business conduct, EVO Global has established the Agreement, including these Policies and Procedures. (b) IBOs are required to comply with all the terms and conditions set forth in the Agreement, which EVO Global may modify from time to time at its sole and absolute discretion in accordance with the terms herein; and all federal, state, and/or local laws governing their EVO Global business. (c) IBOs must carefully review the information in the Agreement, including these Policies and Procedures. If an IBO has any questions regarding a policy, rule, or guideline, they are encouraged to seek an answer in the Company’s FAQs found in the IBO virtual office, from their personal Sponsor, or from the EVO Global Customer Service Team. (d) It is the responsibility of the Sponsor to provide the most current version of the Agreement, including these Policies and Procedures, the Income Disclosure Statement, the EVO Global Compensation Plan, and all social media guidelines or any other guidelines that may be implemented from time to time and any modifications thereto to their downline IBOs. 1.5 Changes, Amendments, and Modifications (a) Because applicable laws, as well as the business environment, change periodically, EVO Global reserves the right to modify the Agreement and its service prices at its sole and absolute discretion. (b) Any amendment, change, or modification shall be effective immediately and without prior notice, and may be communicated by one of the following methods: i. Posting in the IBO virtual office and on EVO Global’s official website; ii. Email; iii. Any EVO Global communication channel or social media (i.e., Facebook, Instagram, Twitter, and/or the EVO Global App).
2.0 BASIC PRINCIPLES
2.1 Becoming an IBO
To become an IBO, an applicant must meet the following requirements: (i) Be of legal age (not a minor) in the country, state, province, or territory of residence of the IBO and at least 18 years old. (ii) Reside or have a valid address in a country where EVO Global operates its business. (iii) Have a valid tax identification number. (iv) Provide a verified mobile phone number or email address, not in use or associated with any other EVO Global account.
2.2 New IBO Registration
(a) A prospective new IBO may self-enroll on any replicated EVO Global IBO or Sponsor website by entering their personal information and agreeing to the terms of the Agreement. (b) If an applicant enrolls by creating an account that lists a certain Sponsor and then enrolls a second time listing multiple Sponsors, only the first completed form received by EVO Global will be accepted. EVO Global reserves the right, at its sole discretion, to make the final decision regarding all such registrations.
3.0 RESPONSIBILITIES OF EVO GLOBAL IBOS
3.1 Correct IBO Information
(a) It is the responsibility of the IBO to ensure that EVO Global has the correct contact information for all correspondence and in the IBO’s account profile. (b) An IBO must allow up to seventy-two (72) hours for processing after any change in the information in the IBO’s account profile has been received by the EVO Global Support Team.
3.2 Training and Leadership
(a) Any IBO who sponsors another IBO into EVO Global must perform a genuine function of assistance and training to ensure that the IBO’s sales and marketing organization is properly operating the IBO’s EVO Global business. Sponsoring IBOs must maintain ongoing contact and communication with IBOs in their sales and marketing organizations. (b) A Sponsoring IBO must support, educate, and mentor IBOs in their sales and marketing organization to ensure that IBOs do not make improper business claims or engage in illegal or inappropriate conduct. (c) Sponsoring IBOs are encouraged to educate and train new IBOs on EVO Global’s services and strategies, effective sales techniques, the EVO Global Compensation Plan, along with compliance with the Agreement, and any social media guidelines or any other guidelines and amendments thereto implemented at the time. (d) EVO Global emphasizes and encourages all IBOs to sell EVO Global’s services and strategies to Customers. IBOs receive compensation only for sales to Customers. (e) Use of sales and marketing material. To promote the services, strategies, and opportunities offered by EVO Global, IBOs must use the sales and marketing support material produced by EVO Global. All IBOs must safeguard and promote the good reputation of EVO Global and its services and strategies.
3.3 Sponsorship
(a) A Sponsor introduces IBOs or Customers to EVO Global, helps them complete their enrollment, and supports and trains those in their sales and marketing organization. (b) EVO Global recognizes the Sponsor as the name(s) appearing on the first online IBO application submitted to EVO Global. (c) EVO Global recognizes that each new prospect has the right to ultimately choose their own Sponsor, but EVO Global will not allow IBOs to engage in unethical sponsorship activities.
3.4 Unethical Sponsorship
(a) Unethical sponsorship activities include, but are not limited to, enticing, bidding, or engaging in unhealthy competition when attempting to acquire a prospect or new IBO from a fellow IBO or influencing another IBO to transfer to a different Sponsor. (b) Reports of unethical sponsorship must be submitted in writing to the EVO Global Compliance Team within the first thirty (30) days of a new IBO’s enrollment. (c) EVO Global prohibits the act of "Stacking." Stacking is the unauthorized manipulation of EVO Global’s marketing system and/or the Compensation Plan to trigger commissions or cause the promotion of a direct or indirect IBO in their sales and marketing organization in an unearned manner. (d) If IBOs engage in soliciting and/or enticing members of another direct sales company to sell or distribute EVO Global’s services or strategies, such IBOs risk being sued by the other company.
3.5 Prohibition of Cross-Sponsoring/Recruiting
(a) For the purposes of this section, "Cross-Sponsoring" or "Cross-Recruiting" is defined as enrolling in a different sponsorship line an individual, or Business Entity, who already has a signed IBO Agreement. Actual or attempted Cross-Sponsoring is not allowed. If EVO Global verifies Cross-Sponsoring, penalties may be imposed up to and including termination of an IBO’s position. (b) Recruiting EVO Global members into another IBO’s organization may result in suspension, fines, and possible termination. (c) Use of a spouse’s or relative’s name, trade names, assumed names, DBA names, corporation, partnership, federal business numbers, or fictitious ID numbers to evade or circumvent this policy is not allowed. (d) This policy does not prohibit the transfer of an EVO Global business in accordance with the Sale or Transfer Policy set forth in these Policies and Procedures.
3.6 Solicitation for Other Companies or Services
(a) An IBO may participate in other businesses or direct sales, multilevel, network marketing, or relationship marketing opportunities, as long as they are for non-competing services, strategies, or products. However, during the term of the Agreement and for one (1) year thereafter, an IBO may not solicit or recruit any fellow IBO or Customer to whom the IBO has marketed EVO Global services or strategies within the two (2) years immediately prior to (i) participate, personally or through any entity or other means, in another direct sales, network marketing, or multilevel business opportunity; (ii) move their business away from EVO Global; or (iii) purchase products or services that are the same as or similar to any EVO Global service and/or strategy unless expressly approved in writing by EVO Global. (b) For the purposes of this Section, the terms “sponsor” or “recruit” mean the solicitation, enrollment, encouragement, or actual or attempted effort to otherwise influence (whether directly or indirectly) another IBO or Customer to enroll or participate in any other direct sales or network marketing opportunity. Such conduct constitutes recruiting even if the IBO’s actions are in response to a query made by another IBO or Customer. (c) Due to the nature of network marketing, the parties to the Agreement agree that it is reasonable that the foregoing non-solicitation prohibition extend to all markets in which EVO Global conducts business. (d) All Customers solicited by an IBO for the promotion or sale of EVO Global services and strategies are considered Customers of EVO Global and not of the IBO, whether or not the IBO originally introduced such Customer to EVO Global. (e) During the term of this Agreement, IBOs must not sell, or incite others to sell, any competing service or strategy, including training materials, to EVO Global Customers or IBOs. Any product or service in the same category as an EVO Global strategy or service is considered a competitor (i.e., any competing product or service regardless of differences in cost or quality). (f) An IBO may sell non-competing services or strategies to EVO Global Customers and IBOs they personally sponsored. (g) An IBO may not display or bundle EVO Global services or strategies, in sales literature, on a website, on social media platforms, or at sales meetings, with the services, products, or strategies of another business to avoid confusing or misleading a Customer or prospective IBO into believing there is a relationship between EVO Global services or strategies and non-EVO Global ones. (h) An IBO may not offer a non-EVO Global opportunity, strategy, service, or product at any EVO Global-related meeting, event, seminar, or convention, or immediately following an EVO Global event. (i) An IBO may not be affiliated with a broker or investment advisor and bundle or associate EVO Global products, services, or strategies with the services of a broker or investment advisor. (j) A violation of any of the provisions in this section shall constitute unreasonable and unjustified contractual interference between EVO Global and its IBOs and would inflict irreparable harm on EVO Global and its IBOs. In such event, EVO Global may, at its sole discretion, impose any penalty it deems necessary and appropriate against such IBO or such IBO’s positions, including termination, or seek immediate relief without the need to post a bond.
4.0 GENERAL AGREEMENTS AND UNDERSTANDINGS
4.1 Granted Rights
EVO Global hereby grants the IBO a non-exclusive right, based on the terms and conditions contained in the Agreement, to: (i) Promote and sell EVO Global services and strategies; and (ii) Sponsor new IBOs and Customers in countries where EVO Global is currently operating or will operate in the future. No feature of the Compensation Plan constitutes a personal purchase requirement to become an IBO, rank up, or fully participate in the Compensation Plan. No purchase is required at any time to fully participate as an IBO, other than the monthly administrative fee payable for the IBO’s business administrative support, the IBO’s virtual office, and support services.
4.2 Renewals and Expiration of the IBO Agreement
If the IBO allows their IBO account to become inactive due to non-payment, the IBO will lose all rights to their downline organization during any period in inactive status until the IBO reactivates the account. (i) If the former IBO reactivates the account, EVO Global may allow the IBO to resume the rank and position held immediately prior to expiration. However, the paid level of such IBO will not be restored unless the IBO qualifies at that pay level in the new month. The IBO is not eligible to receive commissions for the period of time the IBO’s position was inactive. (ii) Any IBO who has been terminated or has canceled their account is not eligible to reapply for an EVO Global business for six (6) months after expiration of the IBO Agreement, except with the express written consent of EVO Global. (iii) The sales and marketing organization of the terminated or canceled IBO account may, at EVO Global’s option, be compressed up to the immediate Active IBO in the hierarchy.
4.3 Effect of Cancellation
Upon the cancellation of an IBO by voluntary or involuntary termination (collectively, a “Cancellation”), such IBO: (i) Shall have no right, title, claim, or interest to any commission or bonus from sales generated by the former IBO’s sales and marketing organization or any other payment associated with the former IBO position; (ii) Waives any and all claims to property rights or any interest in or to the former IBO’s sales and marketing organization; and (iii) Will receive commissions and bonuses only for the last full pay period in which the IBO was active prior to cancellation, less any amounts withheld during any suspension period or during an investigation prior to involuntary cancellation, and less any other amounts owed to EVO Global.
4.4 Changes to the IBO Account
(a) An IBO may add a spouse or partner to the account or change the form of ownership from an individual to a Business Entity by submitting a written request, accompanied by a new completed and signed IBO Agreement by the authorized representatives of the Business Entity and a Business Registration Form, if applicable, and any appropriate supporting documentation. Evo Global reserves the right, at its sole discretion, to accept or reject any such request. (b) Evo Global may impose a $200 fee for processing a change to the IBO account in accordance with these Policies and Procedures.
4.5 Unauthorized Transfer and Re-enrollment
If an IBO discovers that another IBO in their downline has re-enrolled under a different IBO, the discovering IBO has ninety (90) days from the date the downline IBO enrolled under a new IBO to notify the Evo Global Compliance Team and request that the downline IBO be transferred back to the IBO’s downline. After the expiration of the ninety (90) day period, the IBO’s right to claim a new IBO to their downline will be forfeited.
4.6 Change of Sponsors or Placement for IBOs
(a) Placement changes/corrections may be requested within ten (10) days from the enrollment date. Such adjustments require a written request submitted to the Evo Global Customer Care Team, sent from the Sponsor’s personal office, as well as the IBO to be moved and, in some cases, additional IBOs positioned above the IBO. (b) Sponsor changes are generally not allowed. However, corrections may be made if reported to the Evo Global Compliance Team within twenty-four (24) hours of enrollment. Sponsor corrections must be requested from the original Sponsor’s IBO office and must state the reason for the correction. (c) At Evo Global’s sole discretion, IBOs who have been inactive for at least six (6) months, and who have not submitted a voluntary termination letter, are eligible to request transfer to a new Sponsor or Placement of their choice. (d) When an IBO is transferred in accordance with this Section 4.6, the IBO will be assigned a new Evo Global ID number. (e) The transferred IBO does not retain prior rank, downline organization, nor commission rights from previous sales and marketing organizations. The existing sales and marketing organization of the transferred IBO will remain in its original line of sponsorship or placement. (f) Evo Global reserves the right to correct Sponsor or Placement errors at any time and in any manner it deems necessary.
4.7 Change of Organizations
(a) An IBO may only transfer between Evo Global sales and marketing organizations if he, she, or it submits a voluntary termination letter to the Evo Global Customer Care Team and remains inactive with, or in, Evo Global for six (6) months from Evo Global’s receipt of the request letter. After six (6) months, the IBO will be eligible to re-enroll under a different Sponsor or receive a different Placement. (b) Evo Global reserves the right and discretion to approve or deny any request to re-enroll after the termination of an IBO. (c) If an IBO re-enrolls after voluntary termination, a new Evo Global ID number will be assigned. The IBO will not be entitled to maintain any previous rank, sales and marketing organization, or commission rights from any prior organization.
4.8 Voluntary Termination
(a) An IBO may immediately terminate their position by submitting written notice or an email to the Evo Global Customer Care Team at [email protected]. The written notice must include the following; (i) The IBO’s intent to terminate their IBO account; (ii) Termination date; (iii) Evo Global Identification Number; and (iv) The IBO’s signature. (b) An IBO may not use termination as a means to immediately change Sponsors and Placement. Instead, the voluntarily terminated IBO is not eligible to reapply for a position or have any financial interest in any Evo Global business for six (6) months from receipt of the written termination notice. They also may not promote Evo Global, represent themselves as affiliated in any way with Evo Global, or attend Evo Global events after termination.
4.9 Involuntary Termination
(a) Evo Global reserves the right to suspend or terminate an IBO for any reason, including but not limited to: (i) Violation of any term or condition of the Agreement, including these Policies and Procedures in effect at the time the violation occurred or was discovered; (ii) Violation of any provision of the Compensation Plan; (iii) Violation of any applicable law, ordinance, or regulation affecting Evo Global’s business; or (iv) Engagement in unethical business practices or violation of fair dealing standards. (b) Evo Global will notify the IBO in writing via registered email or by mail to the IBO’s last known address, of Evo Global’s intent to suspend or terminate the IBO’s position and the grounds for suspension or termination. The IBO will have fifteen (15) calendar days from the date of such notice to respond in writing to the allegations or claims constituting cause for suspension or termination, as stated in the notice. Evo Global will then have thirty (30) calendar days from receipt of the IBO’s response to make a final decision regarding suspension or termination. During the notice period, the IBO’s account will be suspended and will not earn commissions under the Compensation Plan. (c) Upon expiration of the notice period, if Evo Global decides to suspend or terminate the IBO’s position, Evo Global will inform the IBO that the position is suspended or terminated effective as of the notice date. (d) Where justified by the severity of the allegations against an IBO, Evo Global may accelerate or omit any part of the process set forth in this Section 4.9. (e) If the suspension or termination is not rescinded by Evo Global, the suspension or termination will be effective as of the date of the original notice. The former IBO will be prohibited from using the names, marks or signs, stationery, advertising, or business material referring or relating to any Evo Global service or strategy. Evo Global will notify the active Sponsor within ten (10) days after suspension or termination. The volume associated with a terminated IBO’s sales organization will be permanently “rolled up” to the next active direct Sponsor of record. (f) The IBO involuntarily terminated by Evo Global may not reapply for a position, either under their current name or any other name or entity, without the express written consent of an Evo Global officer, after review by the Evo Global Compliance Team. In any case, such IBO may not reapply for a position for twelve (12) months from the termination date.
5.0 BUSINESS ENTITIES
5.1 Definition
(a) A corporation or partnership (collectively referred to as a "Business Entity") may apply to be an IBO. (b) An IBO may change their status under the same Sponsor from an individual to a partnership or corporation, or from one type of Business Entity to another.
5.2 Independent Business Relationship; Indemnification for Actions
(a) IBOs are independent contractors acting as fully independent marketing representatives who establish and serve retail customers for Evo Global services and strategies. IBO status does not constitute the sale of a security, franchise, or distributorship, and absolutely no fees have been or will be required of IBOs for the right to market and sell Evo Global services or strategies under the IBO Agreement, other than the IBO monthly administrative fee. The IBO Agreement does not create an employer-employee relationship, agency, partnership, or joint venture between the IBO and any other participant in the Evo Global Compensation Plan and/or Evo Global. (b) IBOs have no authority to bind Evo Global to any obligation. IBOs are responsible for establishing their own schedules and supplying all their own equipment and tools to operate their Evo Global business. IBOs will be fully responsible for all applicable federal, state, and local taxes, workers’ compensation contributions, licensing requirements, and fees related to their earnings and activities as an IBO. (c) IBOs shall indemnify and hold harmless Evo Global, its directors, officers, employees, contractors, suppliers, and agents from any liability incurred by Evo Global as a result of unauthorized representations or actions of the IBO.
5.3 Insurance
Evo Global encourages IBOs to arrange insurance coverage for their business. A homeowner’s policy typically does not cover business-related injuries or theft or damage to inventory or business equipment.
6.0 POLICY VIOLATIONS
6.1 Reporting Policy Violation
IBOs must send an email to the Evo Global Compliance Team at [email protected] to report any policy violation by another IBO associated with Evo Global.
6.2 Adherence to the Evo Global Compensation Plan
(a) IBOs must adhere to the terms of the Evo Global Compensation Plan as set forth in the Agreement and official Evo Global literature. Deviation from the Compensation Plan is prohibited. (b) IBOs must not offer the Evo Global opportunity through or in conjunction with any other system, program, or marketing method other than as specified in the official Evo Global literature. (c) IBOs must not require or encourage a current or prospective IBO to participate in Evo Global in any manner that varies from the Agreement and as set forth in official Evo Global literature. (d) IBOs must not require or encourage a current or prospective IBO to make a purchase or payment to any individual or other entity as a condition to participate in the Evo Global Compensation Plan.
6.3 Adherence to Laws and Ordinances
(a) IBOs must obey local laws regulating home-based businesses. (b) An IBO or Customer must comply with all laws related to the conduct of their Evo Global business. (c) IBOs and Customers agree to sole responsibility for any violation of laws, regulations, or ordinances.
6.4 Compliance with Applicable Income Tax Laws
(a) An IBO agrees to sole responsibility for paying all taxes on any income generated as an Evo Global IBO. (b) IBOs must provide Evo Global with their federal Tax Identification Number or other tax identifier. (c) Evo Global encourages all IBOs to consult with a tax advisor for additional information for their business.
6.5 One Evo Global Business per IBO
An IBO may operate or have an ownership interest in only one (1) Evo Global business unless expressly authorized by Evo Global. Each position must build its position separately and independently from the other.
6.6 Actions of Household Members or Affiliated Parties
If any member of an IBO’s immediate household engages in any activity that would violate any provision of the Agreement, such activity shall be deemed a violation by the IBO, and Evo Global may take disciplinary action against the IBO.
6.7 Identification and Payment Numbers
(a) Evo Global pays commissions only to an e-wallet account in the name of the IBO. The e-wallet account is provided by a third-party provider and the IBO’s use of the e-wallet is subject to the terms and conditions of the third-party provider. (b) Each IBO is required to provide Evo Global with their federal Social Security Number or Federal Tax Identification Number at the time the IBO initiates a money transfer or earnings into the IBO’s e-wallet. (c) Upon enrollment, Evo Global will provide an Identification Number to the IBO.
6.8 Selling, Assigning or Delegating Ownership
(a) Evo Global imposes restrictions on the transfer, assignment, or sale of a position to preserve the integrity of the hierarchical structure. (b) An IBO may not sell or assign their rights or delegate their position as an IBO without the prior written approval of Evo Global. (c) If the sale is approved by Evo Global, a buyer assumes the seller’s position and acquires the seller’s downline. (d) To request authorization for a sale or transfer of an Evo Global position, the following items must be submitted to the Evo Global Compliance Team: (i) A properly completed Sale or Transfer Form; (ii) A certified or notarized copy of the executed sales agreement; (iii) A completed and signed IBO Agreement by the Buyer and proof of good standing; (iv) Seller’s payment of the $250 USD administrative fee; (v) Any additional supporting documentation requested by Evo Global. (e) An IBO who sells their position is not eligible to re-enroll as an IBO in any Evo Global sales organization for six (6) full calendar months after the sale date.
6.9 Splitting an Evo Global Business
(a) During a divorce or dissolution of a partnership or other Business Entity, the parties must adopt one of the following methods of operation: (i) One of the parties may, with the written consent of the other(s), operate the Evo Global business, whereby the relinquishing spouse, shareholders, partners, or members authorize Evo Global to deal directly and solely with the other spouse, shareholder, partner, or non-relinquishing member. (ii) The parties may continue operating the Evo Global business jointly on a “business as usual” basis, in which case all compensation paid by Evo Global shall be paid in the name designated as IBO or in the name of the entity to be divided, as the parties may independently agree among themselves. (b) Evo Global recognizes only one sales organization for an IBO, and Evo Global will issue only one commission payment per Evo Global business per commission cycle. Under no circumstances will the hierarchy of an organization be split, nor will Evo Global split commissions and/or bonuses. (c) If a relinquishing spouse, partner, or business owner has completely relinquished all rights to the original Evo Global business, he or she may immediately thereafter re-enroll under the Sponsor and Placement of their choice.
6.10 Succession
(a) The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. (b) Upon the death or incapacity of an IBO, the IBO’s business may pass to their legal successor(s) (the "Successor"). The Successor must: (i) Provide evidence of the right to assume the position; (ii) Complete and sign a new Agreement; (iii) Abide by the terms and conditions of the Agreement; (iv) Meet all qualifications for the last rank achieved by the former IBO. (c) Bonuses and commissions of an Evo Global business transferred under this section shall be paid in a single transfer to the Successor. The Successor must establish an e-wallet account to which all bonus and commission payments will be sent. (d) If the business is devised to multiple beneficiaries ("Successors"), they must form a Business Entity and acquire a federal business number. Evo Global will issue all bonus and commission payments only to the managing Business Entity. (e) Proper legal documentation must be submitted to the Evo Global Compliance Team to ensure the transfer is completed properly. (f) To complete a transfer of the Evo Global business due to incapacity, the Successor must provide the following to the Evo Global Compliance Team; (i) A notarized copy of documentation establishing the Successor’s right to manage the Evo Global business; (ii) A completed and executed IBO Agreement by the Successor. (g) If the Successor is already an existing IBO, Evo Global will allow such IBO to maintain their own position plus the inherited position active for up to six (6) months. (h) If the Successor wishes to terminate the Evo Global position, the Successor must submit a notarized statement expressing the desire to terminate the position, along with proper legal documentation. (i) Upon written request, Evo Global may grant a one (1) month bereavement waiver and pay the Successor at the last “paid as” rank.
7.0 DISCIPLINARY ACTIONS
7.1 Imposition of Disciplinary Action
Purpose Evo Global believes that integrity and fairness should prevail among its IBOs, providing everyone an equal opportunity to build a successful business. Therefore, Evo Global reserves the right to impose disciplinary sanctions at any time when it has determined that an IBO has violated the Agreement, including these Policies and Procedures, as may be amended from time to time by Evo Global.
7.2 Consequences and Remedies for Breach
Disciplinary actions for breach of the Agreement may include one or more of the following: (i) Counseling the IBO on compliance; (ii) Monitoring an IBO’s conduct to ensure compliance; (iii) Issuance of a warning or requiring the IBO to take immediate corrective measures; (iv) Imposing a fine or withholding commission payments until the matter causing the Commission Withholding is resolved or until Evo Global receives additional adequate assurances from the IBO to ensure future compliance; (v) Suspension from participation in Evo Global or IBO events, rewards, or recognition; (vi) Suspension of the IBO’s position for one or more pay periods; (vii) Involuntary termination of the Agreement and IBO position; (viii) Any other measure Evo Global deems feasible and appropriate to fairly resolve damages caused by the Policy violation or IBO’s contractual breach; (ix) Legal proceedings for monetary or equitable relief.
7.3 Suspension Procedures
(a) Evo Global may, but is not obligated to, follow the following suspension procedures (the "Disciplinary Policy"): (b) First Violation: Counseling and initial warning. (i) A first violation may occur because the IBO is not familiar with the Agreement or the obligations of an IBO. Counseling and the initial warning provide an opportunity for the Evo Global Compliance Team to bring the IBO’s attention to the Agreement and the specific violation, and provide guidance on compliance with the Agreement. (c) Second Violation: Second warning and temporary suspension. (i) The second warning may indicate the seriousness of repeated violations and may result in a temporary suspension of the IBO’s account. During the suspension period, the IBO forfeits any and all rights to Payments. (d) Third Violation: Termination. (i) Evo Global will attempt to exercise the progressive nature of the Disciplinary Policy by first providing warnings, a final warning, and suspension and loss of commissions before proceeding with termination; however, Evo Global reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the violation. (e) Serious Violations (i) Evo Global treats the posting of non-compliant content on social media as a serious violation of the Agreement and will accelerate the disciplinary process for such violations.
8.0 DISPUTE RESOLUTION
8.1 Complaints Between IBOs
(a) If an IBO has a complaint or claim against another IBO regarding any practice or conduct related to their respective EVO Global businesses, they are encouraged to resolve the issue directly with the other party. If no resolution can be reached, it must be reported directly to the EVO Global Compliance Team as described below in this Section. (b) The EVO Global Compliance Team will be the final authority to resolve any complaint or claim between IBOs on matters related to the EVO Global business, and its decision will be final and binding on all IBOs. (c) EVO Global will limit its intervention to disputes related solely to EVO Global business matters. EVO Global will not decide issues involving personality conflicts or unprofessional conduct by or between IBOs outside the context of an EVO Global business. These matters go beyond the scope of EVO Global and cannot be used to justify a change of Sponsor or Placement or a transfer to another EVO Global organization. (d) EVO Global does not consider, enforce, or mediate third-party agreements between IBOs, nor does it provide names, funds, or advice for obtaining outside legal counsel. 8.1(e) Complaint Process: (i) The IBO must submit a complaint letter (email will be accepted) directly to the EVO Global Compliance Team at [email protected]. The letter must set forth the details of the incident as follows: (A) The nature of the violation; (B) Specific facts to support the allegations; (C) Dates; (D) Number of occurrences; (E) Persons involved; and (F) Supporting documentation. (ii) Upon receipt of the written complaint, EVO Global may conduct an investigation according to the following procedures: (A) The EVO Global Compliance Team may send an acknowledgment of receipt to the complaining IBO; (B) The EVO Global Compliance Team may provide verbal or written notice of the allegation to the IBO under investigation. If written notice is sent to the IBO, the IBO will have ten (10) business days from the date of the notification letter to submit all information related to the incident for review by EVO Global. (C) The EVO Global Compliance Team will investigate the complaint and consider any information submitted that it deems relevant, including information from collateral sources. Due to the unique nature of each situation, determinations of the appropriate remedy will be made on a case-by-case basis, and the time to reach a resolution will vary. (D) During the investigation, the EVO Global Compliance Team may only provide periodic updates simply stating that the investigation is ongoing. No other information will be released during this time. Calls, letters, and requests for progress reports from IBOs during the investigation will not be responded to or returned. (E) EVO Global will make a final decision and promptly notify the IBOs involved.
8.2 Dispute Resolution
PLEASE READ THIS SECTION OF THE IBO AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION AND INCLUDES CERTAIN WAIVERS, INCLUDING CLASS ACTION WAIVERS, CLASS ARBITRATION, AND JURY TRIAL WAIVERS. (a) IBOs, Customers, and EVO Global (for the purposes of this section, collectively "the Parties") acknowledge that disputes and differences may arise between the Parties and therefore agree that it is in their interest to appoint an impartial mediator to resolve such disputes as they arise. (b) All disputes and claims relating to EVO Global, a primarily online company offering digital services, the IBO Agreement, or EVO Global’s services and strategies, the rights and obligations of an IBO and EVO Global, or any other claims or causes of action relating to the performance of an IBO and EVO Global under the Agreement ("Dispute") will be fully and finally resolved by arbitration. Although Evo Movement International S.A. de C.V. is registered in Mexico, and the primary jurisdiction for arbitration will be Cancun, Mexico, EVO Global operates internationally, and arbitration locations may be adjusted to accommodate international disputes, or in any other place prescribed by EVO Global, in accordance with applicable international arbitration rules and the laws of Mexico. All parties will be entitled to discovery rights allowed under applicable law, subject to all limitations contained therein. The arbitrator’s decision will be final and binding on the parties and, if necessary, may be reduced to judgment in any court of competent jurisdiction. Each party in the arbitration will be responsible for its own arbitration costs and expenses, including legal and filing fees. Nothing in the Agreement will prevent EVO Global from applying to and obtaining from any court with jurisdiction a writ of attachment, temporary, preliminary, permanent injunction, or other relief available to safeguard and protect EVO Global’s interests before, during, or after the filing of any arbitration or other proceeding pending the issuance of a decision or award in connection with any arbitration or other proceedings. Arbitration proceedings and any award will be kept confidential. No amendment to this arbitration provision will apply to a Dispute of which EVO Global had actual knowledge on the date of the amendment. Any termination of this arbitration provision will not be effective until ten (10) days after reasonable notice of termination is given to IBOs or as to Disputes that arose before the date of termination. (c) CLASS ACTION WAIVER. IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF THE IBO AND EVO GLOBAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF THE IBO AND EVO GLOBAL SPECIFICALLY AGREE THAT THEY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. (d) JURY TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF THE IBO AND EVO GLOBAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW. (e) Delegation to Arbitrator. Except as provided in this Section 9, I acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, will have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable. (f) Severability. If any provision contained in these Dispute Resolution Provisions is found to be invalid or unenforceable, such provision will automatically be modified to the minimum extent necessary to make the parties’ agreement to arbitrate valid and enforceable. If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision will automatically be severed, and the remainder will be construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder will not be affected. (g) Survival. The Dispute Resolution Provisions will remain in effect even after the termination of the Agreement or the termination of the IBO’s business relationship with EVO Global.
8.3 Severability
If any provision of the Agreement is found to be invalid or unenforceable for any reason, only the invalid provision will be excluded. The remaining terms and provisions will remain in full force and effect and will be construed as if such invalid or unenforceable provision had never been part of the Agreement.
8.4 Waiver
(a) Only an officer of EVO Global may, in writing, effect a waiver of the Agreement. (b) EVO Global’s waiver of any particular breach by an IBO will not affect EVO Global’s rights with respect to any subsequent breach, nor will it affect the rights or obligations of any other IBO. (c) The existence of any claim or cause of action by an IBO against EVO Global will not constitute a defense for EVO Global to enforce any term or provision of the Agreement.
8.5 Governing Law
Subject to and without waiving the terms set forth above, the jurisdiction and venue of any controversy or claim arising out of the Agreement or between EVO Global and the IBO will be in Cancun, Mexico, where the corporate office of Evo Movement International S.A. de C.V. is located. The laws of Mexico will govern all matters relating to or arising from the Agreement or between EVO Global and the IBOs, considering the global and online nature of the services provided by EVO Global.
9.0 Payment of Commissions and Bonuses
9.1 Bonus and Commission Qualifications
(a) An IBO must be active and in compliance with the Agreement to qualify for commissions. As long as an IBO complies with the terms and conditions set forth in the Agreement, EVO Global will pay commissions to such IBOs in accordance with this Agreement, the Compensation Plan, and any amendments thereto. (b) EVO Global will not issue a payment, in any form, to an IBO without first receiving all administrative fees and a completed EVO Global electronic application, including an executed copy of this Agreement. (c) EVO Global reserves the right to defer commission payments until the accrued amount of bonuses and commissions owed to an IBO exceeds $50.00.
9.2 Calculation of Commissions and Discrepancies
(a) Commissions, bonuses, overrides, and achievement levels are calculated each month. (b) An IBO must review their earnings statement in their virtual office immediately and report any discrepancy within thirty (30) days of receiving a commission payment. No additional requests will be considered after thirty (30) days. (c) For additional information regarding commission payments, please refer to the Compensation Plan.
9.3 Adjustments to Bonuses and Commissions for Returned IBO Services or Memberships
(a) An IBO earns commissions based on actual sales of services and strategies to Customers through service and strategy purchases. When services or strategies are canceled by a Customer and a refund is issued by EVO Global to the Customer, commissions attributable to the refunded service will be deducted from the IBO who received commissions for such sales. Deductions will occur in the month the refund is granted and will continue each pay period until the commission is fully recovered. (b) In the event an IBO terminates their position, and the amounts of bonuses or commissions attributable to refunded services or strategies have not yet been fully recovered by EVO Global, the remaining balance of the outstanding amount may be offset against any other amount EVO Global may owe to the terminated IBO.
9.3 Adjustments to Bonuses and Commissions for Returned IBO Services or Memberships
10.1 General Policies for Ordering Services
(a) "Bonus Buying" is strictly and absolutely prohibited. Bonus Buying includes: (a) enrolling individuals or Business Entities without their knowledge and/or completion of an online enrollment by such individuals or Business Entities; (b) fraudulent enrollment of an individual or Business Entity as an IBO or Customer; (c) enrolling or attempting to enroll non-existent individuals or Business Entities as IBOs or Customers ("phantoms"); (d) purchasing EVO Global services or strategies on behalf of another IBO or Customer, or under the ID number of another IBO or Customer, to qualify for commissions or bonuses; and/or (e) any other mechanism or device to qualify for rank advancement, incentives, awards, commissions, or bonuses that is not driven by genuine end-consumer purchases of services or strategies. (b) EVO Global requires IBOs to use their own payment method and not allow others to use it. An IBO must not use another IBO’s or Customer’s credit card or debit account to enroll in EVO Global or purchase services without the account holder’s written permission. (c) When an IBO’s payment method is invalid or payment cannot be processed, EVO Global will attempt to contact the IBO by phone, mail, or email to obtain another form of payment. If these attempts are unsuccessful, any service order related to the invalid payment method may be canceled. (d) Prices are subject to change without notice. (e) Any error or incorrect charge to an IBO’s payment method must be reported to EVO Global within three (3) calendar days of the transaction date.
10.2 Sales to Customers
(a) Sales to Customers must be made directly through an IBO’s replicated website. (b) IBOs must comply with applicable consumer protection laws and regulations (including any consumer rights to receive specific notices and any right to return services) granted to consumers.
10.3 Insufficient Funds
(a) All electronic payments returned for insufficient funds will be automatically resubmitted for payment. (b) Any outstanding balance an IBO owes to EVO Global for NSF (non-sufficient funds) or insufficient funds (ACH) fees will be withheld by EVO Global from that IBO’s future bonuses and commissions. (c) All insufficient funds transactions that are not resolved in a timely manner by the IBO constitute grounds for disciplinary sanctions or account termination. (d) If an automatic credit card or debit order is declined the first time, the IBO will be contacted directly and asked for an alternative form of payment. If these attempts are unsuccessful, any service order related to the invalid payment method may be canceled.
10.4 Credit Card Purchases
(a) Credit card purchases may only be made by the person whose name and address are on the credit card. Any IBO who uses another person’s credit card to pay for purchases risks suspension of their EVO Global account pending investigation and resolution of any complaint regarding unauthorized charges. EVO Global considers such transactions fraudulent and will report them to the appropriate authorities. (b) Under no circumstances may an IBO unreasonably reverse any credit card purchase. If an IBO reverses any payment owed to EVO Global, such IBO will immediately lose all credit card ordering privileges until the disputed charges are resolved. If the disputed charges are found to be valid and/or the reversal is deemed unreasonable and/or unjustified, EVO Global may terminate the IBO’s position. If an erroneous charge is applied to an IBO’s credit card, the IBO must immediately contact EVO Global Support Team via email at [email protected] to initiate an investigation and resolution.
10.5 Sales Tax Obligation
(a) The IBO must comply with all federal and local taxes and regulations governing the sale of EVO Global services or strategies. (b) EVO Global encourages each IBO to consult with a tax advisor for additional information for their business. (c) EVO Global may be required to collect and remit sales taxes to various states and countries based on the retail price of services.
10.6 Refund Policy
EVO Global Customers: (i) If within the first seven (7) days, a Customer is not satisfied with the service, they must contact [email protected] for a full refund of amounts paid to EVO Global, with the exception of Bitcoin purchases. (ii) All purchases are charged and refunded in U.S. Dollars. All refunds and exchanges will be made to the payment method used for the original purchase and will be refunded or exchanged in U.S. Dollars. EVO Global is not responsible for any loss due to exchange rate fluctuations.
11.0 EVO Global OPPORTUNITY
11.1 Presentation of the Compensation Plan
Income Claims When presenting the EVO Global opportunity to prospective IBOs, an IBO must comply with the following provisions: (i) An IBO must not misrepresent or omit any significant material fact about the Compensation Plan. (ii) An IBO must make it clear that the Compensation Plan is based on sales of EVO Global services and not on sponsoring other IBOs. (iii) An IBO must make it clear that success can only be achieved through substantial and diligent independent efforts. (iv) An IBO must not make income projections, claims, or guarantees while presenting or discussing the EVO Global opportunity or Compensation Plan to prospective IBOs. An IBO must inform all prospective IBOs that success requires substantial work. Income claims include, but are not limited to, copies of paychecks, bank statements, rank earnings, tax documents, trading profits, lifestyle claims, or photos (i.e., cash, exotic cars, yachts, etc.). Income claims are prohibited at events and/or on social media postings, websites, or videos. If an IBO is found to have posted income or lifestyle claims on social media, they will receive notice to remove the post immediately. Failure to remove a post upon request may result in suspension. Repeated offenses will result in suspension or possible termination. (v) An IBO may not make any income or earnings claims or display trading results based on or related to services or strategies offered by EVO Global. (vi) An IBO may not recommend or be affiliated with brokers or investment advisors or make any claim that EVO Global is offering products or services other than an educational platform and services. (vii) An IBO may not make any claim or imply that the EVO Global opportunity or Compensation Plan can replace or exceed income impacted by Coronavirus Disease 2019 (COVID-19).
11.2 Events
(a) IBOs are limited to charging a reasonable per-seat fee per person for events to cover the cost of venue rental and associated event costs. (b) All marketing materials created by an IBO to support an IBO event and all content on stage must comply with the Agreement, including these Policies and Procedures and all applicable laws and regulations.
11.3 Trading Policies
(a) IBOs are strictly prohibited from selling Signals, Trading Bots, Auto-traders, or receiving investments to trade. Any violation of these will result in immediate termination. (b) Trading challenges or projected growth charts are prohibited.
11.4 Sales Requirements Are Governed by the Compensation Plan
No exclusive territories are granted to anyone. No franchise fees apply to an EVO Global business.
12.0 PROPRIETARY INFORMATION AND TRADE SECRETS
12.1 Business Reports, Lists, and Proprietary Information
By accepting the Agreement, IBOs and Customers acknowledge that business reports, the identity and contact information of Customers, IBOs, and potential Customers or IBOs (including those available in group chats), information about EVO Global genealogy or that of an IBO, and any other financial, technical, or other information that is not of general knowledge and/or is of a sensitive nature and circulated by EVO Global or belonging to EVO Global’s business, whether written or otherwise, whether such information is received directly from EVO Global or from other IBOs, is confidential and proprietary information and trade secrets belonging to Evo Movement International S.A. de C.V.
12.2 Duty of Confidentiality
IBOs must not use Evo Movement International S.A. de C.V.’s Confidential Information and Trade Secrets for any purpose other than promoting an IBO’s EVO Global business. An IBO may never disclose Evo Movement International S.A. de C.V.’s non-public Confidential Information and Trade Secrets to anyone outside EVO Global without written consent from EVO Global management.
12.3 Breach and Remedies
IBOs acknowledge that EVO Global’s non-public Confidential Information and Trade Secrets are of such a character as to make them unique, and that disclosure or use of the same in violation of §12.1 et seq. will result in immediate and irreparable harm to EVO Global and to IBOs’ EVO Global businesses. In addition to recovering any damages, EVO Global and its IBOs shall be entitled to expedited injunctive relief against any IBO violating this provision in any action to enforce their rights under this section. EVO Global may seek such injunctive relief on an expedited basis under applicable international and Mexican law. The prevailing party shall be entitled to an award of attorneys’ fees, court costs, and expenses.
12.4 Return of Materials
An IBO must immediately return to EVO Global the original and all copies of all EVO Global Confidential Information and Trade Secrets in such person’s possession upon (1) termination of this Agreement, or (2) demand by EVO Global.
13.0 PRIVACY POLICY
13.1 Introduction
All IBOs must understand and adhere to the basic principles of confidentiality and data privacy, and their use of the EVO Global website is subject to the terms of EVO Global’s Privacy Policy (“Privacy Policy”) posted on evo.global website, as amended from time to time. Without limiting the terms of this section, all IBOs must comply with applicable privacy laws governing the collection, use, and disclosure of Customer and fellow IBO information.
13.2 Expectation of Privacy
(a) EVO Global recognizes and respects the importance Customers and IBOs place on the privacy of their financial and personal information. EVO Global will safeguard privacy and maintain the confidentiality of Customers’ and IBOs’ financial and account information and non-public personal information in accordance with the terms of its Privacy Policy. (b) By entering into the Agreement, an IBO authorizes EVO Global to disclose their name and contact information to Upline IBOs solely for activities related to the promotion of the EVO Global business. An IBO agrees to maintain the confidentiality and security of such information and to use it only for the purpose of supporting and servicing their downline organization and carrying out the EVO Global business.
13.3 Restrictions on Disclosure of Account Information
EVO Global will not share non-public personal or financial information about current or former Customers or IBOs with third parties, except in accordance with the Agreement, the Privacy Policy, as permitted or required by laws and regulations, court orders, or to serve the interests of Customers or IBOs, or to enforce its rights or obligations under the Agreement, or with the written permission of the registered account holder.
14.0 ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS
14.1 Display of Services
(a) An IBO may not rebrand electronically or otherwise any EVO Global service, strategy, information, material, or program(s) in any manner. EVO Global services and strategies must only be sold through EVO Global’s replicated website ecosystem, hosted on EVO Global servers. (b) An IBO must not cause any EVO Global service, strategy, or trade name to be promoted, sold, or displayed in retail establishments, except where the retail establishment is owned or managed by the IBO and the establishment does not exceed $1 million in annual gross revenue, and there are five (5) or fewer establishments under common ownership or management. (c) An IBO may sell EVO Global services or strategies and display the EVO Global trade name at any appropriate display booth (such as trade shows, exhibitions, conferences, etc.) with the express written consent of EVO Global subject to the following. (i) An IBO is prohibited from selling EVO Global services or strategies or displaying the EVO Global trade name, trademark, or service mark in any kiosk or booth located in any retail establishment, including, without limitation, a shopping mall or retail facility. (ii) EVO Global reserves the right, in its sole discretion, to refuse to provide authorization for an IBO to participate in any function EVO Global does not consider an appropriate forum for promotion of EVO Global services and strategies, or EVO Global’s business opportunity.
14.2 Use of Company Names and Protected Materials
(a) An IBO must safeguard and promote the good reputation of Evo Global and the services they market. The marketing and promotion of Evo Global, its services, Evo Global’s business opportunity, and the Compensation Plan must be consistent with public interest and must avoid all discourteous, deceptive, misleading, unethical, or immoral conduct and practices. (b) All promotional materials supplied or created by Evo Global must be used in their original form and may not be changed, modified, or altered, except with prior written approval from Evo Global’s Compliance Team. (c) The name Evo Global, each of its service names, and other names Evo Global has adopted in connection with its business are proprietary trade names, trademarks, and service marks of Evo Global. As such, these marks are of great value to Evo Global and are supplied to IBOs for their use only in an expressly authorized manner. (d) The use of the name “Evo Global” is restricted to protect Evo Global’s proprietary rights and to ensure that Evo Global’s protected names are not lost or compromised by unauthorized use. The use of the Evo Global name in connection with any product, service, or strategy not produced or offered by Evo Global is prohibited except as follows: (i) [IBO’s Name] Independent Evo Global IBO or Independent Evo Global Business Owner. (ii) [IBO’s Name] Independent Evo Global Services IBO. (e) Additional restrictions on the use of the Evo Global name include: (i) All stationery bearing the Evo Global name or logo intended for use by the IBO must be emailed to Evo Global’s Compliance Team for approval. Send to: [email protected]. (ii) IBOs may list “Independent Evo Global Academy IBO” in the white pages of the telephone directory and equivalent online directories under their own name. (iii) IBOs may not use the Evo Global name when answering their phone, creating an outgoing voicemail message, or in connection with the use of an answering service in such a way as to give the caller the impression that they have reached Evo Global’s corporate office. IBOs may answer calls by identifying themselves as an “Independent Evo Global IBO” or independent Evo Global distributor. (f) Certain photos and graphic images used by Evo Global in its advertising, packaging, and websites are the result of paid contracts with third parties that do not extend to or cover IBOs. If an IBO wants to use such materials, they must negotiate individual contracts with the third parties for a fee. (g) An IBO must not promote non–Evo Global services, strategies, or products in conjunction with Evo Global services or strategies on the same social media site or in the same advertisement without prior approval from the Evo Global Compliance Team. (h) IBOs may not make claims, including personal testimonials, related to any service or strategy offered by Evo Global, except as contained in official Evo Global literature. For the avoidance of doubt, IBOs are prohibited from making any claim that Evo Global’s services or strategies, or the Evo Global business opportunity, guarantee financial or investment growth, earnings, or any other statement that may be understood as a guarantee of return on investment.
14.3 Faxes and Email - Limitations
(a) Except as provided in this section, an IBO may not use or transmit unsolicited email, bulk email distribution, other commercial electronic messages, or “spam” that advertise or promote the operation of their Evo Global business. Exceptions are: (i) Sending emails to any person who has given prior permission or invitation; and/or (ii) Sending emails to any person with whom the IBO has established a current business or personal relationship. (b) In all U.S. states or territories or internationally where prohibited by law, an IBO may not transmit, or cause to be transmitted through a third party (by telephone, fax, computer, or other device), an unsolicited advertisement to any equipment that has the capacity to transcribe text or images from an electronic signal received over a regular telephone line, cable line, ISDN, T1, or any other signal-carrying device, except as set forth in this section. (c) All email or computer-transmitted documents subject to this provision must include each of the following: (i) A clear and conspicuous identification that the fax or email message is an advertisement or solicitation. The words “advertisement” or “solicitation” must appear in the subject line of the message; (ii) A clear return path or routing information; (iii) The use of a correct and legal domain name; (iv) A clear and conspicuous notice of the opportunity to decline receiving further commercial fax or email messages from the sender; (v) Opt-out or unsubscribe instructions must be the first text in the body of the message in the same text size as the majority of the message; (vi) The true and correct name of the sender, valid sender fax number or email address, and a valid physical address of the sender; (vii) The date and time of transmission; (viii) Upon notification by the recipient of their request not to receive further documents sent by fax or email, an IBO must not transmit further documents to that recipient. (d) All email or computer-transmitted documents subject to this provision must not include any of the following: (i) Use of any third-party domain name without permission; or (ii) Sexually explicit materials.
14.5 Advertising and Promotional Materials
Advertising and all forms of communication must adhere to principles of honesty and propriety.
14.6 Permission for Testimonials
Evo Global may use without compensation an IBO’s testimonial or likeness in all corporate sales materials, including but not limited to print media, electronic media, audio, and video. As consideration for being allowed to participate in the Evo Global business opportunity, an IBO waives any right to be compensated for the use of their testimonial or likeness even though Evo Global may be paid for items or sales materials containing such likeness, and represents that any testimonial represents the IBO’s current, original, and honest opinion, thoughts, beliefs, findings, or experiences based on the IBO’s actual experience with Evo Global and any claimed use of Evo Global services and/or strategies, and IBOs agree to immediately notify Evo Global of any change in the views expressed in the testimonial. In some cases, an IBO’s testimonial may appear in another IBO’s advertising materials.
14.7 Telemarketing - Limitations
(a) An IBO must not engage in telemarketing in connection with any work performed for or in relation to Evo Global in violation of applicable laws, regulations, and codes. The term “telemarketing” means making one or more telephone calls or fax transmissions to individuals or entities for the purpose of inducing those individuals or entities to purchase Evo Global services or strategies or to recruit them to the Evo Global opportunity. (b) The United States federal government administers the Unsolicited Telecommunications Rules and operates a national Do Not Call registry that requires companies to refrain from calling phone numbers listed on a “Do Not Call” (DNCL) list and/or individuals who directly tell the caller not to call/fax in the future. (c) Although an IBO may not consider themselves a “telemarketer” in the traditional sense, the regulations broadly define the term “telemarketer” and “telemarketing” such that the unintentional act of calling someone whose phone number is listed on a “Do Not Call” registry could be a violation of the law. These regulations should not be taken lightly, as they carry significant penalties. (d) “Cold calls” or unsolicited calls/faxes made to prospective Customers or IBOs to promote Evo Global services, strategies, or the Evo Global opportunity are considered telemarketing and are prohibited. (e) An IBO must not use automatic telephone dialing systems in the operation of their Evo Global businesses. (f) Noncompliance with the Agreement or applicable laws, regulations, or codes regarding telemarketing may lead to sanctions against the IBO by Evo Global, up to and including termination of the IBO. (g) By accepting the Agreement, or by accepting commissions, other payments, or awards from Evo Global, an IBO gives permission to Evo Global and other IBOs to contact them as permitted under federal Do Not Call regulations. (h) In the event an IBO violates this section, Evo Global reserves the right to institute legal proceedings for monetary or equitable relief. (i) Exceptions to Telemarketing Regulations. An IBO may make telephone calls or faxes to prospective Customers or IBOs under the following limited situations: (i) If the IBO has an established current business relationship with the prospect; (ii) In response to the prospect’s inquiry or personal request regarding a service or strategy offered by the IBO, but only for a period of three (3) months after such inquiry or request; (iii) If the IBO receives written and signed permission from the prospect authorizing the IBO to call or fax; (iv) If the call/fax is to family members, personal friends, and acquaintances. However, if an IBO customarily collects business cards from everyone they meet and subsequently calls or faxes them, the federal government may consider this a form of telemarketing that is not subject to this exemption; (v) IBOs making calls to “acquaintances” must make such calls or faxes occasionally and not as a routine practice.
15.0 INTERNATIONAL MARKETING
Each IBO must comply with all applicable laws and regulations in the country, state, or province where he, she, or it is marketing Evo Global services, strategies, or business opportunity outside of Mexico.
16.0 EVO GLOBAL GLOSSARY OF TERMS
ACTIVE IBO: An IBO who is in good standing with respect to the Agreement and meets the minimum sales volume requirements as set forth in the Compensation Plan. COMPENSATION PLAN: The guidelines and referenced literature describing how IBOs can earn commissions and bonuses. COMPLIANCE TEAM: The Evo Global Compliance Team, which can be contacted at [email protected]. CUSTOMER: An end consumer who purchases Evo Global services and does not participate in building a business or promoting the sale of Evo Global services and strategies. CUSTOMER SERVICE TEAM: The Evo Global Customer Service Team, which can be contacted at: [email protected]. DOWNLINE: IBO or IBOs located below another IBO in any Evo Global sales or marketing organization or genealogy. SPONSOR OR SPONSORING IBO: An IBO who enrolls a Customer, retailer, or another IBO into Evo Global and is listed as the Sponsor in the IBO Agreement. The act of enrolling others and training them to become IBOs is called “sponsorship.” INDEPENDENT BUSINESS OWNER (“IBO”): An individual or entity who actively promotes, markets, and sells Evo Global services and/or strategies for profit and who actively seeks and recruits others to do the same in accordance with the Agreement. SPONSORSHIP LINE (“LOS”): A report generated by Evo Global that provides critical data related to the identities of IBOs, sales information, and enrollment activity of each IBO’s organization. This report contains confidential and trade secret information owned by Evo Global. ORGANIZATION or MARKETING NETWORK or GENEALOGY: Customers and IBOs located above or below a particular IBO in Evo Global’s marketing and sales structure or genealogy. EVO GLOBAL MATERIAL: Literature, audio or video tapes, and/or any other materials developed, printed, published, or distributed in any other manner by Evo Global, including IBOs and Customers. LOCATION: The position of an IBO within their Sponsor’s organization. RECRUIT or RECRUITMENT: The actual or attempted solicitation, enrollment, encouragement, or effort to otherwise influence, directly, indirectly, or through a third party, another IBO or Customer to enroll or participate in a multi-level marketing, network marketing, or direct sales opportunity. SUPPORT TEAM: The Evo Global Support Team, which can be contacted at [email protected]. UPLINE: An IBO or IBOs located above another IBO in any Evo Global marketing network or genealogy.